Are you considering a divorce or separation? Divorce can be one of the most difficult times in a person’s life. If you are dealing with the idea of separation, you may be curious to now what your rights are and what you have to do to legally separate from your spouse. Will you need a lawyer? Here is what you need to know about separation.
What Is Legal Separation?
One thing that you do need to take into account is that legal separation is not a law. When it comes to separation for legal reasons, it simply means that there is one spouse who has the intent to leave the other and does not wish to be married. He or she has to express this intent either by filing for divorce, vacating the residence or telling his or her spouse that he or she no longer wants to be married. The date of separation is important because this will help the courts determine marital property. For instance, if you receive assets after the date of separation, those assets would not be considered marital property and would not have to be a part of the negotiations.
Is a Lawyer Necessary?
Lawyers are extremely helpful when you want to separate from your spouse. It is not always about what is necessary. You do not have to have a lawyer to file for divorce. Likewise, you do not have to have a lawyer to decide to separate from your spouse. However, it could harm you in the long run if you do not have one.
Your lawyer is there to protect your rights. He or she can advise you on what legal steps you need to take to finalize the divorce. Likewise, he or she will make sure that you do not give up any of your rights in the process. For instance, if you leave the family home without consulting a lawyer first, you could risk sacrificing some of your rights! Make sure that you do nothing to compromise your case by consulting with a lawyer in advance of separation.
When it comes to separating from your spouse, you do not have to hire a lawyer. However, if you want help to navigate the complicated legal system, then it is crucial that you have a lawyer help you.